PTES_Model_Contract_(SF33)_-_Amendment_002.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A7

PAGE OF PAGES

1 37

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

29 MAR 2018

6. REQUISITION/PURCHASE NO.

FA8808-17-R-0006

7. ISSUED BY SMC/PKJ CODE FA8808 8. ADDRESS OFFER TO (If other than Item 7)

SPACE & MISSILE SYSTEMS CENTER

483 N. AVIATION BLVD

EL SEGUNDO, CA 90245-2808

VERONICA REYNOSA 3106539468

VERONICA.REYNOSA@US.AF.MIL

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9.

10. FOR

INFORMATION

CALL:

A. NAME

EVA R. HOSKINS

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

310-653-9551

C. E-MAIL ADDRESS

eva.hoskins.1@us.af.mil

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 21

B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 13 J LIST OF ATTACHMENTS 37

D PACKAGING AND MARKING 14 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 15 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 16 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 18 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 20 M EVALUATION FACTORS FOR AWARD M - 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ____270____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

ments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME

AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.15.2 FAR (48 CFR) 53.21(c) Created 01 May 2018 5:07 PM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8808-17-R-0006

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Design and Development

0001 1 __________ Lot __________ Noun: DESIGN AND DEVELOPMENT

PSC: AC23

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: V - COST PLUS INCENTIVE FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall furnish all supplies and services necessary to design and develop PTES from Effective Contract Date (ECD) through completion of Critical Design Review (CDR) and CDR closeout actions as set forth in Section J, Attachment No. 1 "Statement of Work" CLIN 0001 paragraphs 1.1-1.12. Cost incentive fee shall be administered in accordance with FAR 52.216-10 "Incentive Fee." Performance incentives shall be administered in accordance with Section J, Attachment 11, "Performance Incentive Plan."

Award Fee shall be administered in accordance with Section J, Attachment 12, "Award Fee Plan." Performance Incentive Fee and Award Fee associated with CLIN 0001 shall be issued via separate CLINS.

(3600 Funds)

Target Cost: $*

Overrun Share Ratio: 70/30 Underrun Share Ratio: 100/0

Cost Incentives:

Target Fee: $(not to exceed 3%)* Min Fee: 0% Max Fee: 3% Fee Adjustment Formula: Fee to decrease at 70/30 ratio in the event of a cost overrun with total depletion at 10% cost overrun

Performance Incentives:

Target Fee: $(not to exceed 7%)* Min Fee: 0% Max Fee: 7% Fee Adjustment Formula: Performance Incentive Fee to be calculated in accordance with Attachment 11, "Performance Incentive Plan."

Award Fee:

Target Fee: $(not to exceed 4%)* Min Fee: 0% Max Fee: 4%

*To be completed by Offeror

The estimated Period of Performance (PoP) of CLIN 0001, based on an estimated Contract Award Date of 31 January 2019, is:

Start - 31 January 2019 End - 28 February 2021

IOC CAPABILITY DEVELOPMENT

0002 OPTION CLIN __________

Noun: IOC CAPABILITY DEVELOPMENT

PSC: AC23

NSN: N - Not Applicable DD1423 is Exhibit: B Contract type: V - COST PLUS INCENTIVE FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall furnish all supplies and services necessary to oversee the system level development, integration, test and fielding of the hardware and software for the

PTES Initial Operational Capability (IOC) as set forth in Section J, Attachment No. 1

"Statement of Work" CLIN 0002 paragraphs 1.1-1.12. This CLIN covers the period from completion of CDR through IOC. Cost incentive fee shall be administered in accordance with FAR 52.216-10 "Incentive Fee." Performance incentives shall be administered in accordance with Section J, Attachment 11,"Performance Incentive Plan." Award Fee shall be administered in accordance with Section J, Attachment 12, "Award Fee Plan."

Performance Incentive Fee and Award Fee associated with CLIN 0002 shall be issued via separate CLINS.

(3600 Funds)

Target Cost: $*

Overrun Share Ratio: 70/30 Underrun Share Ratio: 100/0

Cost Incentives:

Target Fee: $(not to exceed 3%)* Min Fee: 0% Max Fee: 3% Fee Adjustment Formula: Fee to decrease at 70/30 ratio in the event of a cost overrun with total depletion at 10% cost overrun

Performance Incentives:

Target Fee: $(not to exceed 7%)* Min Fee: 0% Max Fee: 7% Fee Adjustment Formula: Performance Incentive Fee to be calculated in accordance with Attachment 11, "Performance Incentive Plan."

Award Fee:

Target Fee: $(not to exceed 4%)*

Min Fee: 0% Max Fee: 4%

*To be completed by Offeror

The estimated Period of Performance (PoP) of CLIN 0002, based on an estimated Contract Award Date of 31 January 2019, is:

Start - 01 November 2020 End - 30 June 2023

FOC CAPABILITY DEVELOPMENT

0003 OPTION CLIN __________

Noun: FOC CAPABILITY DEVELOPMENT

PSC: AC23

NSN: N - Not Applicable DD1423 is Exhibit: C Contract type: V - COST PLUS INCENTIVE FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall furnish all supplies and services necessary to oversee the system level development, integration, test and fielding of the hardware and software for the PTES Final Operational Capability (FOC) as set forth in Section J, Attachment No. 1 "Statement of Work" CLIN 0003 paragraphs 1.1-1.12 from Milestone C to FOC. Cost incentive fee shall be administered in accordance with FAR 52.216-10 "Incentive Fee."

Performance incentives shall be administered in accordance with Section J, Attachment 11,"Performance Incentive Plan." Award Fee shall be administered in accordance with Section J, Attachment 12, "Award Fee Plan." Performance Incentive Fee and Award Fee associated with CLIN 0003 shall be issued via separate CLINS.

(3600 Funds)

Target Cost: $*

Overrun Share Ratio: 70/30 Underrun Share Ratio: 100/0

Cost Incentives:

Target Fee: $(not to exceed 3%)* Min Fee: 0% Max Fee: 3% Fee Adjustment Formula: Fee to decrease at 70/30 ratio in the event of a cost overrun with total depletion at 10% cost overrun

Performance Incentives:

Target Fee: $(not to exceed 7%)* Min Fee: 0%

Max Fee: 7% Fee Adjustment Formula: Performance Incentive Fee to be calculated in accordance with Attachment 11, "Performance Incentive Plan."

Award Fee:

Target Fee: $(not to exceed 4%)* Min Fee: 0% Max Fee: 4%

*To be completed by Offeror

The estimated Period of Performance (PoP) of CLIN 0003, based on an estimated Contract Award Date of 31 January 2019, is:

Start - 01 July 2022 End - 31 December 2025

Joint Hub Procurement (FOC Capability)

0004 OPTION CLIN __________

Noun: JOINT HUB PROCUREMENT (FOC CAPABILITY)

PSC: AC23

NSN: N - Not Applicable DD1423 is Exhibit: D Contract type: V - COST PLUS INCENTIVE FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall furnish all supplies and services necessary for the full procurement and production of the KMS ECU's, Joint Hub ECU's and Joint Hubs for the threshold Full

Operational Capability (FOC) configuration as set forth in Section J, Attachment No. 1

"Statement of Work" CLIN 0004 paragraphs 1.1-1.12 from Production Readiness Review to FOC.

Number of Units Required: 24

(3021 Funds)

CPIF:

Target Cost: $ (Offeror to Insert) Target Fee: 0% / $0 Maximum Fee: 5% / $ (Offeror to Insert) Minimum Fee: 0% / $0 Underrun Share Ratio: 70/30 Overrun Share Ratio: N/A

The estimated Period of Performance (PoP) of CLIN 0004, based on an estimated Contract Award Date of 31 January 2019, is:

Start - 01 July 2022

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

JOINT HUB INSTALLATION AND DEPLOYMENT (FOC CAPABIL

0005 OPTION CLIN __________

Noun: JOINT HUB INSTALLATION AND DEPLOYMENT (FOC

CAPABILITY)

PSC: AC23

NSN: N - Not Applicable DD1423 is Exhibit: E Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall furnish all supplies and services necessary for the installation of the PTES ECU and Joint Hub as set forth in Section J, Attachment No. 1 "Statement of Work" CLIN 0005 paragraphs 1.1-1.12 from IOC to FOC.

(3021 Funds)

Estimated Cost: $* Fixed Fee: $(not to exceed 6%)*

*To be completed by Offeror.

The estimated Period of Performance (PoP) of CLIN 0005, based on an estimated Contract Award Date of 31 January 2019, is:

Start - 30 June 2023

INITIAL SPARES / SUPPORT EQUIPMENT / INTERIM CONTR

0006 RESERVED CLIN (supply) __________

Noun: (RESERVED) INITIAL SPARES / SUPPORT EQUIPMENT /

INTERIM CONTRACTOR SUPPORT

PSC: AC23

NSN: N - Not Applicable DD1423 is Exhibit: F Descriptive Data:

RESERVED

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

PRICED TRAINING AND TECHNICAL ORDERS

0007 OPTION CLIN __________

Noun: PRICED TRAINING AND TECHNICAL ORDERS

PSC: AC23

NSN: N - Not Applicable DD1423 is Exhibit: G Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall provide Technical Orders and Training Materials to include data and reports as set forth in Section J, Attachment No. 1 "Statement of Work" CLIN 0007 paragraphs 1.1-1.2.

(3021 Funds)

Estimated Cost: $* Fixed Fee: $(not to exceed 6%)*

*To be completed by Offeror.

The estimated Period of Performance (PoP) of CLIN 0007, based on an estimated Contract Award Date of 31 January 2019, is:

Start - As Required

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

SPECIAL STUDIES

0008 OPTION CLIN __________

Noun: SPECIAL STUDIES

PSC: AC23

NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall perform PTES Special Studies as directed by the Contracting Officer in accordance with Section J, Attachment 13 "Special Studies Statement of Work."

(3600 Funds)

Fixed Fee: $(not to exceed 6%)*

Reference Table in SOW CLIN 0008 paragraph 1.1.b.6.

The estimated Period of Performance (PoP) of CLIN 0008, based on an estimated Contract Award Date of 31 January 2019, is:

DATA AND REPORTS

0009 1 __________ Lot __________ Noun: DATA AND REPORTS (CPIF)

PSC: AC23

NSN: N - Not Applicable Contract type: V - COST PLUS INCENTIVE FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall provide data and reports in accordance with Section J, Exhibit A, 'Contract Data Requirements List (DD 1423-1) CLIN 0001,' Exhibit B, 'Contract Data Requirements List (DD 1423-1) CLIN 0002,' Exhibit C, and 'Contract Data Requirements List (DD 1423-1) CLIN 0003.' Not Separately Priced (NSP).

The estimated Period of Performance (PoP) of CLIN 0009, based on an estimated Contract Award Date of 31 January 2019, is:

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

DATA AND REPORTS

0010 OPTION & RESERVED CLIN (supply) __________

Noun: CLIN RESERVED

PSC: AC23

NSN: N - Not Applicable Contract type: V - COST PLUS INCENTIVE FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

CLIN RESERVED.

DATA AND REPORTS

0011 OPTION CLIN __________

Noun: DATA AND REPORTS (CPFF)

PSC: AC23

NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall provide data and reports in accordance with Section J, Exhibit E, 'Contract Data Requirements List (DD 1423-1) CLIN 0005,' and Exhibit G, 'Contract Data Requirements List (DD 1423-1) CLIN 0007.' Not Separately Priced (NSP).

The estimated Period of Performance (PoP) of CLIN 0011, based on an estimated Contract Award Date of 31 January 2019, is:

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Data Rights

0012 OPTION CLIN (supply) __________

Noun: DATA RIGHTS (ATTACHMENT 7)

PSC: AC23

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

CLIN to be used IAW Tables 1 & 3 of Attachment 7, "Rights in Data (Including Technical Data, Computer Software, & Computer Software Documentation)"

Firm-Fixed Price (FFP).

The estimated Period of Performance (PoP) of CLIN 0012, based on an estimated Contract Award Date of 31 January 2019, is:

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8808-17-R-0006

SECTION D - PACKAGING AND MARKING

SECTION D FA8808-17-R-0006

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8808-17-R-0006

REFERENCE FAR 52.246-03 and FAR 52.246-08:

When used in this section, paragraph (f) of the clause FAR 52.246-03, "Inspection of Supplies -- Cost- Reimbursement (May 2001)," and paragraph (f) of the clause FAR 52.246-08, "Inspection of Research and Development -- Cost-Reimbursement (May 2001)," shall apply for one (1) year after the acceptance of delivered supplies.

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996)

52.246-03 INSPECTION OF SUPPLIES -- COST-REIMBURSEMENT (MAY 2001)

52.246-05 INSPECTION OF SERVICES -- COST-REIMBURSEMENT (APR 1984)

52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT

(MAY 2001)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8808-17-R-0006

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 FA8808 FA8808 28 Feb 2021

Noun: DESIGN AND DEVELOPMENT

ACRN: 9

Descriptive Data:

The estimated Period of Performance (PoP) of CLIN 0001, based on an estimated Contract Award Date of 31 January 2019, is:

End - 28 February 2021

0009 1 FA8808 FA8808 31 Dec 2025

Noun: DATA AND REPORTS (CPIF) Descriptive Data:

The estimated Period of Performance (PoP) of CLIN 0009, based on an estimated Contract Award Date of 31 January 2019, is:

End - 31 December 2026

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8808-17-R-0006

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.211-08 TIME OF DELIVERY (JUN 1997) - ALTERNATE I (APR 1984)

Para (a). Insert required delivery schedule. 'See Schedule' Para (a): CO inserts specific details. 'See Schedule' Para (c). Date. 'TBD'

52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)

Applies to Cost-Plus-Fixed-Fee CLIN(s), Cost-Plus-Incentive-Fee (Performance) CLIN(s) only.

52.247-34 F.O.B. DESTINATION (NOV 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8808-17-R-0006

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause-

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

TBD.

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

FA8808

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8808-17-R-0006

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD Issue By DoDAAC FA8808 Admin DoDAAC TBD Inspect By DoDAAC FA8808 Ship To Code FA8808 Ship From Code TBD Mark For Code FA8808 Service Approver (DoDAAC) FA8808 Service Acceptor (DoDAAC) FA8808 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC TBD Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

TBD

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

TBD

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8808-17-R-0006

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8808-17-R-0006

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 6.15.x1200; Issued: 1/25/2018; FAR: FAC 2005-96; DFAR: DPN20171228; DL.: DL 98-021;

Class Deviations: CD 2018-O0010; AFFAR: 2002 Edition; AFAC: AFAC 2017-1003; IPN: 98-009

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01 DEFINITIONS (NOV 2013)

52.203-03 GRATUITIES (APR 1984)

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-02 SECURITY REQUIREMENTS (AUG 1996)

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(OCT 2015)

52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

52.210-01 MARKET RESEARCH (APR 2011)

52.211-05 MATERIAL REQUIREMENTS (AUG 2000)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)

52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG

2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS (AUG 2011)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT

2010)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

52.216-07 ALLOWABLE COST AND PAYMENT (JUN 2013)

Applies to Cost-Plus-Fixed-Fee CLIN(s), Cost-Plus-Incentive-Fee (Performance) CLIN(s) only.

52.216-08 FIXED FEE (JUN 2011)

Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

52.216-10 INCENTIVE FEE (JUN 2011)

Para (e)(1), The fee payable under this contract shall be the target fee increased by the cents stated for every dollar that the total allowable cost is less than the target cost:

'$0.00'

Para (e)(1), The fee payable under this contract shall be the target fee decreased by the cents stated for every dollar that the total allowable cost exceeds the target cost: '$0.30'

Para (e)(1), Percent is '3 %' Para (e)(1) Percentage is '0 %' Applies to Cost-Plus-Incentive-Fee CLIN(s) only.

52.219-04 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017) - ALTERNATE II (NOV

2016)

52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)

52.222-02 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

Para (a), Dollar amount is '$0.00'

52.222-03 CONVICT LABOR (JUN 2003)

52.222-04 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION (MAY 2014)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT

EXCEEDING $15,000 (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUN 2014)

52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) - ALTERNATE I (APR 1984)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-10 FILING OF PATENT APPLICATIONS -- CLASSIFIED SUBJECT MATTER (DEC 2007)

52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)

52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.230-02 COST ACCOUNTING STANDARDS (OCT 2015)

52.230-06 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

52.232-01 PAYMENTS (APR 1984)

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-09 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-20 LIMITATION OF COST (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

Applies to Cost type CLIN(s) only.

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-01 DISPUTES (MAY 2014)

52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.234-01 INDUSTRIAL RESOURCES DEVELOPED UNDER TITLE III, DEFENSE PRODUCTION

ACT (SEP 2016)

52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

52.242-04 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.242-05 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE V (APR 1984)

52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE V (APR 1984)

Applies to Cost-Plus-Fixed-Fee CLIN(s), Cost-Plus-Incentive-Fee (Performance) CLIN(s) only.

52.243-07 NOTIFICATION OF CHANGES (JAN 2017)

Para (b), Number of calendar days is (insert 30 for RDSS/C) '30 days' Para (d), Number of calendar days is (insert 30 for RDSS/C) '30 days'

52.244-02 SUBCONTRACTS (OCT 2010)

Para (d), approval required on subcontracts: 'TBD' Para (j), Insert subcontracts evaluated during negotiations. 'TBD'

52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

52.245-01 GOVERNMENT PROPERTY (JAN 2017)

52.245-09 USE AND CHARGES (APR 2012)

52.246-23 LIMITATION OF LIABILITY (FEB 1997)

52.246-24 LIMITATION OF LIABILITY -- HIGH-VALUE ITEMS (FEB 1997)

52.246-24 LIMITATION OF LIABILITY -- HIGH-VALUE ITEMS (FEB 1997) - ALTERNATE I (APR

1984)

52.247-01 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR

2012)

52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP

2013)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(OCT 2015)

252.211-7000 ACQUISITION STREAMLINING (OCT 2010)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item

Description or n/a. 'N/A' Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item

Description. If items are identified in the Schedule, insert "See Schedule" 'N/A' Para (c)(1)(iii). Attachment Nr. 'N/A' Para (c)(1)(iv). Attachment Nr. 'N/A' Para (f)(2)(iii). Line item number or n/a. 'N/A'

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)

252.216-7004 AWARD FEE REDUCTION OR DENIAL FOR JEOPARDIZING THE HEALTH OR

SAFETY OF GOVERNMENT PERSONNEL (SEP 2011)

252.216-7005 AWARD FEE (FEB 2011)

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (OCT 2014)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR

HAZARDOUS MATERIALS - BASIC (SEP 2014)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

252.227-7000 NON-ESTOPPEL (OCT 1966)

252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)

252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (FEB 2014)

252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2016)

252.227-7026 DEFERRED DELIVERY OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR

1988)

252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR

1988)

252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)

252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN

2012)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS

(MAY 2013)

252.234-7004 COST AND SOFTWARE DATA REPORTING SYSTEM - BASIC (NOV 2014)

252.235-7010 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)

Para (a), name of contracting agency(ies): 'United States Air Force' Para (a), contract number(s): 'FA8808-17-R-0006' Para (b), name of contracting agency(ies): 'United States Air Force'

252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (JAN 2015)

252.239-7000 PROTECTION AGAINST COMPROMISING EMANATIONS (JUN 2004)

252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN

2008)

252.239-7018 SUPPLY CHAIN RISK (OCT 2015)

252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)

252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION - BASIC (MAY 2014)

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY

(APR 2012)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEC 2017)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

Insert Item(s) 'TBD' Insert Item(s) 'TBD'

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE

SYSTEM (AUG 2016)

252.246-7008 SOURCES OF ELECTRONIC PARTS (DEC 2017)

252.247-7003 PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO THE

COST BEARER (JUN 2013)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)

252.249-7002 NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION

(OCT 2015)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (JUN 2016)

Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses. ' Mr. James Tisdale Phone: (310) 653-1889 Email: James.Tisdale.4@us.af.mil Address: SMC/PKX ATTN: James Tisdale 483 N. Aviation Blvd

LA AFB, CA 90245-2808'

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP

SECURITY AGREEMENTS (OCT 2017)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV

2012)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

Para (b), Any additional requirements to comply with local security procedures 'N/A' Para (d). Additional requirements. 'N/A'

5352.242-9001 COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL-AF SYSTEMS

(NOV 2012)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _____ (months, years).

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.252-04 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows: TBD

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

(a) Definitions. As used in this clause—

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered defense information” means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012 , and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapidly report” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” (available via the Internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting,…